The Normative Basis for the Law Regulating Global Governance Institutions

2014 ◽  
Author(s):  
Eyal Benvenisti
Author(s):  
Jonas Tallberg ◽  
Karin Bäckstrand ◽  
Jan Aart Scholte

Legitimacy is central for the capacity of global governance institutions to address problems such as climate change, trade protectionism, and human rights abuses. However, despite legitimacy’s importance for global governance, its workings remain poorly understood. That is the core concern of this volume, which engages with the overarching question: whether, why, how, and with what consequences global governance institutions gain, sustain, and lose legitimacy. This introductory chapter explains the rationale of the book, introduces its conceptual framework, reviews existing literature, and presents the key themes of the volume. It emphasizes in particular the volume’s sociological approach to legitimacy in global governance, its comparative scope, and its comprehensive treatment of the topic. Moreover, a specific effort is made to explain how each chapter moves beyond existing research in exploring the book’s three themes: (1) sources of legitimacy, (2) processes of legitimation and delegitimation, and (3) consequences of legitimacy.


2021 ◽  
pp. 016224392199910
Author(s):  
Nina Frahm ◽  
Tess Doezema ◽  
Sebastian Pfotenhauer

Long presented as a universal policy-recipe for social prosperity and economic growth, the promise of innovation seems to be increasingly in question, giving way to a new vision of progress in which society is advanced as a central enabler of technoeconomic development. Frameworks such as “Responsible” or “Mission-oriented” Innovation, for example, have become commonplace parlance and practice in the governance of the innovation–society nexus. In this paper, we study the dynamics by which this “social fix” to technoscience has gained legitimacy in institutions of global governance by investigating recent projects at two international organizations, the Organization for Economic Cooperation and Development and the European Commission, to mainstream “Responsible Innovation” frameworks and instruments across countries. Our analysis shows how the turn to societal participation in both organizations relies on a new deficit logic—a democratic deficit of innovation—that frames a lack of societal engagement in innovation governance as a major barrier to the uptake and dissemination of new technologies. These deficit politics enable global governance institutions to present “Responsible Innovation” frameworks as the solution and to claim authority over the coproduction of particular forms of democracy and innovation as intertwined pillars of a market-liberal international order.


2021 ◽  
Author(s):  
Jan Aart Scholte ◽  
Soetkin Verhaegen ◽  
Jonas Tallberg

Abstract This article examines what contemporary elites think about global governance and what these attitudes might bode for the future of global institutions. Evidence comes from a unique survey conducted in 2017–19 across six elite sectors (business, civil society, government bureaucracy, media, political parties, research) in six countries (Brazil, Germany, the Philippines, Russia, South Africa, the United States) and a global group. Bearing in mind some notable variation between countries, elite types, issue-areas and institutions, three main interconnected findings emerge. First, in principle, contemporary leaders in politics and society hold considerable readiness to pursue global-scale governance. Today's elites are not generally in a nationalist-protectionist-sovereigntist mood. Second, in practice, these elites on average hold medium-level confidence towards fourteen current global governance institutions. This evidence suggests that, while there is at present no legitimacy crisis of global governance among elites (as might encourage its decline), neither is there a legitimacy boom (as could spur its expansion). Third, if we probe what elites prioritize when they evaluate global governance, the surveyed leaders generally most underline democracy in the procedures of these bodies and effectiveness in their performance. This finding suggests that, to raise elites' future confidence in global governance, the institutions would do well to become more transparent in their operations and more impactful problem-solvers in their outcomes.


2004 ◽  
Vol 19 (3) ◽  
pp. 289-298 ◽  
Author(s):  
Moritaka Hayashi

AbstractThis article considers the gaps in the existing legal regime on deep-sea fisheries and explores a more effective global governance system. It is proposed that a new global agreement, modeled on the 1995 UN Fish Stocks Agreement, be negotiated covering deep-sea stocks as well as other high seas resources, so that all fisheries on the high seas may be covered. The proposed agreement would complete the gaps in high seas fisheries regime and serve as an effective link between the UN Convention on the Law of the Sea and regional fisheries bodies. As a short-term measure, FAO should prepare a set of guidelines covering all types of deep-sea fisheries, including shared and transboundary stocks as well as discrete high seas stocks. In addition, FAO's Committee on Fisheries should be strengthened in its global governance role, including co-ordination of all regional fisheries bodies


2021 ◽  

Global governance has come under increasing pressure since the end of the Cold War. In some issue areas, these pressures have led to significant changes in the architecture of governance institutions. In others, institutions have resisted pressures for change. This volume explores what accounts for this divergence in architecture by identifying three modes of governance: hierarchies, networks, and markets. The authors apply these ideal types to different issue areas in order to assess how global governance has changed and why. In most issue areas, hierarchical modes of governance, established after World War II, have given way to alternative forms of organization focused on market or network-based architectures. Each chapter explores whether these changes are likely to lead to more or less effective global governance across a wide range of issue areas. This provides a novel and coherent theoretical framework for analysing change in global governance.


Author(s):  
Heidi Barnes

The Constitutional Court judgement in F v Minister of Safety and Securityis a ground-breaking judgement in two important respects: firstly, it finally does away with the fiction that an employee acts within the course and scope of her employment in the so-called deviation cases in the law of vicarious liability, and secondly it clarifies the normative basis for holding the state vicariously liable for the criminal acts of police officers. In this latter respect it significantly promotes state accountability for the criminal acts of police officers.


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